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KARNATAKA HIGH COURT
ASHOK S.KINAGI, J
NAZIR AHMED BOLAR – Appellant
Versus
MOHAMMED SHARIFF BOLAR – Respondent
| Table of Content |
|---|
| 1. inheritance and gifting of property (Para 3) |
| 2. court's procedural observations on hearing (Para 4 , 8 , 9) |
| 3. arguments urging for consideration of oral gift (Para 5 , 6) |
| 4. defining essential requirements of a valid hiba (Para 21 , 22 , 23) |
| 5. final dismissal of appeal confirming lower court's judgments (Para 27 , 29) |
ORAL JUDGMENT
2. For convenience, parties are referred to based on their rankings before the trial Court. The appellant was the plaintiff and the respondents were the defendants.
The plaintiff filed a suit against the defendants for the relief of a declaration of his title over the suit schedule property and for consequential relief of a permanent injunction. It is the case of the plaintiff that defendants No.1 to 7 and Smt. Afroza Hussain are the sons and daughters of one B. Fakeer Mohamed Saheb. He died on 29.08.1975, leaving behind his wife Hazarambi, the plaintiff and defendants No.1 to 7 and another daughter, Afroza Hussain. Smt. Hazarambi, died on 18.11.1980. Afroza Hussain died on 11.10.2007, leaving behind the defendants No.8, 9 and 10 as her legal heirs.
3.2. The plaintiff, aggrieved by the order passed by the Tahsildar, preferred an appeal befor
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